Model release form for minors: How-to guide

A professional photographer's job involves many legal, technical, emotional, financial, and psychological aspects. If you are planning to work with child models under 18 or minors, you must know about everything surrounding their well-being and your profession. Taking care of this aspect would mean one less thing to worry about. A model release form for minors is one such document that would permit you to use images of a minor for commercial purposes. It’s essential when working with minors because of the legal safeguards that protect their privacy.

When you, as an artist (a photographer or a videographer), are working with images of a minor, a model release form is very important to ensure that you’ve acquired and retained the rights needed for the art, whether commercial or otherwise.

What does the term "model" mean in a model release?

Before diving deep into a model release and model release form, it’s vital to understand the meaning of the term "model." The term model refers to the person who appears in a photograph or video. The "model" for a model release form doesn’t have to be a traditional "model," such as a commercial model. The "model" can be anyone whose images were used in the art.

What’s a model release?

A model release transfers the rights to photos or videos from the model to the photographer or editor. By signing a model release, the model grants permission to the photographer or editor to use their image for commercial purposes. Once the model signs the liability waiver, the model release becomes a legally binding contract.

Through a model release, a model acknowledges and agrees that the photographer has the right to publish, republish, distribute, edit, and modify the photos unless the model would like to include certain restrictions. If there are any specific restrictions the model would like to include, they can describe them in the form.

What’s the purpose of a model release form?

• When a model signs the model release form, they acknowledge and permit their pictures or likeness to be used for the purposes outlined in the form.
• They agree to "release" the rights to the specific images used by the photographer and any future rights they may have to privacy or publicity.
• It authorizes the licensed photographer to use the photographs or videos for the defined purposes and a certain period, as the agreement outlines.
• It protects the photographer/videographer from any future legal claims the model or other third parties make.

What’s a model release form for minors?

A model release form for minors applies to individuals under 18 years. In such cases, the model's parent or guardian signs the release.

What’s the purpose of a model release form for minors?

It’s recommended that parents or legal guardians of a minor obtain a model release for their child if photographs of the minor could be used for commercial purposes. This is to prevent any potential legal issues in the future.

If the photographer provides any consideration to the client, such as payment or barter of goods (such as prints or digital images), it's essential to include it in the release to ensure that the agreed-upon terms are clear.

If a release form isn’t obtained, the photographer may be required to pay the child's guardian(s) an amount of fees for the rights to use the images or videos they've recorded.

What are the key aspects to consider in a model release form for minors?

1. Stating the purpose of the shoot

The agreement should clearly state the purpose of the photos or videos and include the release of claims by the parent/guardian for any future infringement actions by the photographer/company.

2. Authorization by the parent or legal guardian

If the subject of the photo is under the legal age in your state, usually 18, you must obtain the signature of the model's parent or legal guardian. It’s recommended that you seek the written consent of both parents on a child model release form to avoid future conflicts between parents regarding the permission to use photographs of their child.

3. Complying with the jurisdiction's statutes

The model release must adhere to the law of contracts. Draft this document according to the laws of your state, and the parent or guardian may sign it on behalf of the child. The parties entering into an agreement must be competent and over the age of 18. Additionally, all contracts should be written in legible language and include all necessary details.

4. Signing the form (in person)

Any contract is valid only when both parties sign it. Since this form concerns a minor, it is recommended that the minor (who is the main attraction of the photo shoot), their parent(s) or legal guardian, and the artist (photographer or videographer) are physically present while signing the model release.

5. Contacting an attorney (if required)

If the form involves significant risks and complex terms, it’s advisable to contact an attorney to help draft a document that meets your requirements.

Step-by-step procedure to create a model release form for minors

Introduction

In this section, mention the relevant details of the involved parties - the name of the guardian, the minor, and the photographer. The minor shall be addressed as the "talent”, “child,” or the “model," and the artist in whose favor the release is made shall be addressed as the "photographer”, “videographer,” or “editor." The guardian of the model agrees to this contract on their behalf in consideration of the given payment amount.

Permission to take and use the photographs

This section clarifies the rights and permissions that a photographer has regarding the use of the model's photographs. It also mentions a no-obligation clause for the photographer.

Permission to use: In this clause, make it explicitly clear that the photographer has completely irrevocable rights to take pictures, portraits, digital images, or photographs of the model and use, publish, reproduce, edit, exhibit, license, distribute, or modify the photos either in whole or in part.

No obligation: Include the clause of no obligation, which means that the right of the photographer to use the photographs doesn’t constitute an obligation for them to use this right.

Assignment; waiver

Mention this clause, which clarifies that:

• On behalf of the model, the guardian assigns all interests in the photographs to the photographer, including the copyrights.
• The photographs and other associated items are the sole property of the photographer, and the guardian, on behalf of the model, waives any right to inspect or approve the photographs, text, graphics, or any other content related to the photographs.

Release

In this section, describe the guardian's release of the photographer from any liability arising from the use of the photograph. This may include copyright infringement, invasion of privacy, alteration, blurring optical illusion, usage in composite form, or any other intentional or unintentional modifications of the photographs.

Model's representations

Mention the guardian's representations of being a legal adult who can execute this release. It should be stated clearly that:

• The parent or legal guardian of the model has the full authority to give this consent on behalf of the model.
• The guardian's rights don’t interfere with or conflict with any other commitment of the model.
• The model's parent/guardian(s) have read the release and fully understand its content, meaning, and impact.

Frequently asked questions

What's a model release form for minors?

A model release form releases subjects in a photo. However, if the subject is under 18 years old, a minor release form or model release form for minors is required. In such cases, the document must be signed by a parent or legal guardian.

What information is needed to complete a model release form for minors?

The following information is needed to complete the model release form for minors:

• Photographer's details: The photographer's name, whether they are in a business, and if so, what type of business they have
• Model's details: The full name of the minor model
• Parent or guardian's details: The name and contact information of the minor's parent or legal guardian